Downey Municipal Code Ch. 3 Rules of Construction

Unless the provisions or the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section hereof.

This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

Whenever a power is granted to or duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee, or by a person otherwise duly authorized pursuant to law or ordinance or by an officer of the County, or by a deputy or employee of such officer, when, by contract with the City, such officer is obligated and has agreed to perform certain duties on behalf of the City, unless this Code expressly provides otherwise.

Whenever the duty of receiving an application, issuing a permit, making an inspection, or the performance of any other similar administrative function is imposed upon any department or department head by the provisions of this Code, the City Manager, to facilitate the administrative functions of the City, may assign such duty or function to such other department or department head as in the opinion of the City Manager is desirable. Such assignment of duty or function shall be in writing.

No such assignment shall be made if the assignment would be contrary to any superior law or regulation.

(Amended by Ord. 415, adopted 2-14-72)

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.

Whenever a reference is made to any portion of Code, or to any ordinances of this City, the reference shall apply to all amendments and additions now or hereafter made.

Whenever a notice is required to be given under this Code, unless different provisions are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with the provisions of this Code or with other provisions of law applicable to the subject matter concerned.

The present tense shall include the past and future tenses, and the future tense shall include the present tense.

The masculine gender shall include the feminine and neuter genders.

The singular number shall include the plural number, and the plural number shall include the singular number.

"Shall" shall be mandatory, and "may" shall be permissive.

"Person", as used in this Code or in any uniform Code adopted by this Code, shall mean and include any person, firm, association, organization, partnership, business trust, company, or corporation and any municipal, political, or governmental corporation, district, body, or agency other than the City of Downey.

"State" shall mean the State of California.

"County" shall mean the County of Los Angeles.

The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of the City.

"Council" shall mean the City Council of the City of Downey.

"Street" shall mean and include all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State.

"Owner", applied to a building or land, shall mean and include any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or land.

"Tenant" or "Occupant", applied to a building or land, shall mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.

"Sale" shall mean and include any sale, exchange, barter, or offer for sale.

"Goods" shall mean and include wares or merchandise.

"Operate" shall mean and include carry on, keep, conduct, or maintain.